Legal Question in Appeals and Writs in California
How difficult is it for a crimal defendant, awaiting appeal in CA, to file a writ with the court of appeals to reduce the amount of his appeal bond? Judgement / Bond amount were determined without any accounting of his assests, and would necessite liquating retirement funds and bearing heavy penalites for doing so. As he only has 14 days to secure this bond, how quickly might a decision be rendered? Thank you.
2 Answers from Attorneys
Filing the writ petition would involve a lot of work and expense, especially since it would have to be filed so soon. Unless there is something very unusual about the case, there is virtually no chance the petition will be granted. If the petition properly explains the importance of a speedy ruling, the court will likely rule on it or issue some other type of order (a stay of enforcement, for example) the day it is filed or the next business day.
I'm a certified appellate specialist (per the State Bar's Board of Legal Specialization), so if you're seriously thinking about doing this feel free to contact me directly.
Meaning you no offense, but you are probably wasting your time and money doing so. The appeals court is not going to overturn a judge's discretionary ruling on bail amount, and certainly not if the amount set is within the Penal Code's statutory guidelines, and certainly not on an 'expedited' filing and hearing request, which you would have to make ExParte just to get a hearing within your time frame. If you don't know how to effectively prepare and argue the law and facts in the necessary pleadings, you would have to hire counsel at substantial expense. Personally, I would not take your money unless you convinced me you were financially well off and quite unconcerned with 'cost no object' fees despite the odds against success. If that is you, then feel free to contact me.